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Arizona Law

Arizona Family Law

This content is presented to assist individuals seeking information on Arizona family law and is primarily focused on issues related to divorce and parenting. The guide includes both primary and secondary sources, including links to Arizona courts and government agencies.

Statutes

The Arizona Revised Statutes Annotated is the official statutory code for the State of Arizona. Marital and Domestic Relations laws are in Title 25, including statutes relating to the dissolution of marriage (divorce) and statutes relating to child custody and child support.

Free Resources
Ross-Blakley Law Library: The Arizona Revised Statutes are available in print in the collection of the Law Library (3rd floor of the Law Library).

Arizona State Legislature

Subscription Resources
Lexis (Lexis password required)

Westlaw (Westlaw password required)

Cases
For information on accessing Arizona court opinions, see the Law Library's Arizona Courts guide.

Court Rules
The Arizona Rules of Family Law Procedure govern the procedure in the Superior Court of Arizona in all family law cases arising out of Title 25 of the Arizona Revised Statutes.

Westlaw provides free online access to the Arizona Rules of Court on its Arizona Court Rules Forum

Books
Arizona Legal Forms (current)
Volume 4 of Arizona Legal Forms contains forms relating to domestic relations. 

Arizona Family Law Rules Handbook (Mark W. Armstrong, 2022)
The Arizona Family Law Rules Handbook is designed to provide Arizona attorneys and litigants with procedural case law concerning the Rules of Family Law Procedure and relevant civil rules. The text includes the full text of the rules and commentary by the Arizona Supreme Court’s Family Law Rules Committee.

Divorce in Arizona: The Legal Process, Your Rights, and What to Expect (Marlene Pontrelli and Robert Schwartz, 2015)
This guide is structured in a question-and-answer format and offers Arizona-specific information on a variety of divorce-related issues. Topics addressed include working with an attorney, mediation and alternative dispute resolution, child support, spousal maintenance, division of property, division of debts, taxes, appearing in court, and more.‚Äč

Marriage Dissolution Practice (Charles Marshall Smith and Irwin Cantor, 2023)
Marriage Dissolution Practice, part of the Arizona Practice series, is written for Arizona family law practitioners and includes the latest case law and changes to applicable state and federal statutes. The text also includes updated court forms. 

Websites
Self-Service Guide for Divorce Cases: Superior Court of Arizona 
The Self-Service Guide for Divorce Cases is meant to provide individuals not represented by an attorney an understanding of the basic laws and procedures which must be followed in court. The text covers general procedures for divorce cases without children and divorce when children are involved.

Arizona Child Support Guidelines
The Arizona Child Support Guidelines are meant to establish a standard of support for children consistent with the children’s needs and the ability of parents to pay, and to give parents and courts guidance in establishing child support orders.

Child Support Calculator 
Provides information about calculating a child support order.

NOLO Press - Divorce and Family Law Center
NOLO Press is a publisher of do-it-yourself legal guides, provides information about family law on its Divorce and Family Law Center website.

Maricopa County Superior Court, Family Department 
Maricopa County Superior Court offers many resources on its Family Department website. 

  • Divorce Proceedings: this webpage gives an overview of how to pursue a divorce decree in the Arizona Superior Court, and provides links to instructions and necessary forms. 
  • Family Court Forms: forms for filing with the Superior Court to get a court order, enforce a court order, and modify a court order, as well as forms for other requests such as asking for mediation or conciliation services.
  • ez Court Forms: the Superior Court of Arizona’s portal for preparing court documents online. The website contains interactive interviews (questionnaires) that aid in completing the necessary forms to create court documents for Legal Separation, Dissolution of Marriage, Conciliation, and more. It also provides a Child Support Calculator as well as offers a template for creating a Parenting Plan.
  • Law Library self-help guides: guides from the Maricopa County Superior Court Law Library with information on Arizona divorce and child support laws as well as relevant forms.

Arizona Supreme Court - Family Law
The Arizona Supreme Court also offers information and resources on its Family Law website.

  • Arizona Child Support Guidelines: The Arizona Child Support Guidelines  are meant to establish a standard of support for children consistent with the children’s needs and the ability of parents to pay, and to give parents and courts guidance in establishing child support orders.
  • Child Support Calculator: information about calculating a child support order.
  • Covenant Marriage: information concerning covenant marriage and how to obtain a legal separation or divorce for those in a covenant marriage.

Arizona Foreclosure Law

This content is is intended to be used as a resource to access and understand Arizona laws governing foreclosure. The guide includes information on Arizona statutes that govern this area of law and how to access them, as well as references to relevant books in the Ross-Blakley Law Library collection and free online resources.

Statutes
The Arizona Revised Statutes Annotated is the official statutory code for the State of Arizona. Foreclosure laws are located in Title 33.  Selected statutes are listed below.  

A.R.S. § 33-721 Foreclosure of mortgage by court action
A.R.S. § 33-722 Election between action on debt or to foreclose
A.R.S. § 33-723 Right of junior lien holder upon foreclosure action by senior lien holder
A.R.S. § 33-724 State as party to foreclosure actions 
A.R.S. § 33-725 Judgment of foreclosure; contents; sale of property; resale
A.R.S. § 33-726 Redemption of property by payment to officer directed under foreclosure judgment to sell the property
A.R.S. § 33-727 Sale under execution; deficiency; order of liens; writ of possession
A.R.S. § 33-728 Recording upon record that mortgage is foreclosed and judgment satisfied; effect
A.R.S. § 33-729 Purchase money mortgage; limitation on liability
A.R.S. § 33-730 Limitation on deficiency judgment on mortgage or deed of trust as collateral for consumer goods

Arizona Foreclosure Information Workbook: A Tool to Educate Homeowners About the Foreclosure Process (Arizona Attorney General)
This workbook, authored by the Arizona Foreclosure Prevention Task Force of the Arizona Attorney General's Office, provides individuals facing potential foreclosure information and resources.

Arizona Foreclosure: What you Need to Know Now (Jodine Mayberry, Ed., 2009)
This book features commentaries from leading experts on such subjects as choosing the best options in the current mortgage crisis, federal laws protecting home buyers in obtaining mortgages, the Making Home Affordable program, and tax implications for homeowners after a foreclosure.  The book also includes foreclosure pleadings and practice forms and a roundup of recent case law.  This would likely be helpful for the consumer, the practitioner, or anyone seeking information about foreclosures.   

The Ins and Outs of Foreclosures (Kent E. Cammack, 2010) 
This resource is specifically designed to address Arizona’s foreclosure crisis. It provides useful information for practitioners not typically practicing in this area of law. 

Repossessions (Carolyn L. Carter; contributing authors, Jonathan Sheldon, John Rao, 2010)
This resource provides information on repossessions of motor homes, motor vehicles, household goods and other matters.  It also discusses creditor and consumer limitations, how to calculate and limit deficiencies, as well as other consumer concerns.  Very useful for the consumer who is seeking information on what options may be available when faced with a possible repossession.  

Restatement (Third) of Property (Mortgages) (American Law Institute, 1991-2000)
Kept up to date by cumulative annual supplements and pocket parts.  This Restatement constitutes the Institute’s first comprehensive examination of the law of real estate mortgages and mortgage substitutes.  It provides practical information through applying classic legal concepts to contemporary social and economic circumstances.  This resource is most helpful for practitioners or law students seeking information about the evolution of laws and the topic of mortgages as a whole.

Arizona Legal Forms: Debtor-Creditor (Catherine A. Creighton, 2002-2014)
This book provides useful insights and practical resources for the practitioner, whether the practitioner’s clients are the debtor or the creditor.  It provides information on the collection process and also cites applicable law and helpful forms. Although specifically designed for the practitioner, it may be useful for the law student seeking information as well.

Arizona Civil Remedies, section 8A "Real Property Foreclsoures" (Marilee Miller Clarke, 2015)
Sections 8 & 8A in Volume Two contain information on real property foreclosures and applicable forms. The information provided includes deeds of trust, mortgages, allegations of the complaint, and information on default hearings and judgments. There are examples of demand letters, complaints, affidavits, judgments, and other useful forms. This resource is designed primarily for practitioners, although it may be helpful for the general public as well.

US Department of Housing and Urban Development. 
Includes very good information for the consumer trying to avoid foreclosure, including links to legal assistance. Gives advice on talking to your lender and housing counselor. Click on the "Guide to Avoiding Foreclosure"  from the HUD home page. In English and Spanish.

Arizona Department of Housing
This website is replete with information about housing in Arizona. 

Trellis (formerly Neighborhood Housing Services of Phoenix)
Trellis provides information about programs and services on affordable housing in the Phoenix metropolitan area.  

NeighborWorks America
NeighborWorks America is a network of neighborhood organizations and service agencies that help to build healthy American communities. The organization has outreach programs intended to help struggling homeowners.

Federal Deposit Insurance Corporation (FDIC)
The FDIC has information for homeowners having financial difficulty or those that are facing foreclosure.  There is also information about loan modification programs.

IRS Information on Foreclosure 
Provides information on the Mortgage Forgiveness Debt Relief Act and Debt Cancellation. 

Mortgage Foreclosure Resources from the Federal Reserve System
The website contains information on different Foreclosure Resource Centers located across the nation, in addition to helpful information for individuals who are having difficulty making mortgage payments. The website also provides links to resources for stabilizing communities as well.

National Consumer Law Center
This website provides a variety of resources regarding loan modification programs, foreclosure scams, and other issues pertaining to the foreclosure crisis across the country. This resource would be helpful for those seeking awareness about foreclosure and individuals looking to be wary of any potential foreclosure scams. 

Arizona Homeowners Associations

This content is presented to assist individuals seeking information about homeowners associations (including planned communities and condominium communities) in Arizona. The guide contains information from the state government and provides citations to both print and electronic resources. 

There is no state agency that regulates homeowners associations (HOAs) in Arizona. You can find Arizona laws that relate to HOAs through the resources listed below.

The Arizona Revised Statutes Annotated is the official statutory code for the State of Arizona. 

Selected Arizona statutes relating to the homeowners associations are listed below:

Title 33, Chapter 9, Condominiums
Title 33, Chapter 11, Arizona Mobile Home Parks Residential Landlord and Tenant Act
Title 33, Chapter 16, Planned Communities
Title 33, Chapter 18, Homeowners Association Dwelling Actions
Title 33, Chapter 20, Timeshare Owners' Association and Management Act

Free Resources

Arizona State Legislature

Arizona State Senate Issue Brief (2022) - Homeowners' Associations: Links to primary authority governing HOAs in Arizona, and provides information for learning more on the topic.

Community Association Law in Arizona (Scott B. Carpenter, 2019)
This loose-leaf treatise discusses a wide variety of topics related to homeowners associations, including information about condominiums, planned communities, nonprofit corporations, common law, and statutory exceptions to broad association power. This treatise is designed specifically for the practitioner, but it may also be useful for the individual seeking a broad overview of information related to homeowner association law in Arizona. 

Understanding Property Law (John G. Sprankling, 2017)
This treatise is designed primarily for law students, but contains a wealth of information related to property law that would be useful to anyone. It also discusses the rights and duties of homeowners’ associations in addition to information related to common-interest communities.

Homeowners Association Dispute Process – Arizona Department of Real Estate
In 2011, the Arizona Legislature passed legislation providing Arizona homeowners and condominium and planned community associations (HOA’s) a venue for resolving disputes. This Arizona Department of Real Estate website details the administrative procedures available as an alternative to the civil court system.

Arizona Association of Community Managers
The Arizona Association of Community Managers (AACM) is a professional organization dedicated to promoting a positive understanding of community associations and the contribution of professional management services in the development, establishment and maintenance of high-quality, well-managed neighborhoods. 

Arizona Association of Realtors 
The Arizona Association of Realtors provides information to consumers about living and selling in planned communities. Links are provided for consumer assistance. The website also includes many real estate forms including those that regard condominiums, HOA's, and planned communities. 

Scottsdale Council of Homeowners Associations 
The Scottsdale Council of Homeowners Associations is an organization for member associations to share information about homeowners associations.  

Arizona Landlord/Tenant Law

This content is presented to assist individuals seeking information about landlord/tenant law in Arizona. The guide contains information from the state and federal government and provides citations to both print and electronic resources. 

Statutes
The Arizona Revised Statutes Annotated (A.R.S.) is the official statutory code for the State of Arizona. Within the A.R.S., the Residential Landlord-Tenant Act can be found in Arizona Revised Statutes Title 33, Chapter 3 (A.R.S. §§ 33-301 to 33-1381). This act describes many of the rights and responsibilities of both the landlord and the tenant and remedies.

Other Laws
Depending on your situation, there are federal, state and local laws that may apply. Below are a few of the major laws that could affect your housing situation. Other laws can be found by searching the appropriate codes or statutes.

Federal
     Federal Fair Housing Act (42 U.S.C. §§ 3602 et seq.) 
     Americans With Disabilities Act (42 U.S.C. §§ 12101 et seq.) 
     Search the U.S. Code (See guide on Federal Legislation

Local
Tempe City Code
(Rental Housing Code §§ 21-21 to 21-40 and Fair Housing §§ 22-91 to 22-99)

Phoenix City Code
(Neighborhood Preservation Ordinance §§ 39-1 et seq., Fair Housing §§ 18-11 et seq., Building §§ 9-1 et seq.) 

Scottsdale Revised Code
(Fair Housing §§ 15-16 et seq. and Buildings and Building Regulations §§ 31-1 et seq.) 

Arizona Rental Rights: A Guide Book for Tenants, Landlords and Mobile Home Users 
(David A. Peterson and Andrew M. Hull, 2009)
This book provides information on Arizona laws for tenants and landlords of apartments, houses and mobile home settings.  
 
Arizona Landlord's Deskbook (Carlton C. Casler, 2012)
The Arizona Landlord's Deskbook provides legal information for landlords, property managers, and real estate professionals. It includes forms, the text of the Arizona Residential Landlord and Tenant Act and other state statutes, and procedural instructions.

“Hello Landlord” Online Tenant-Landlord Communication Tool
This free online tool helps tenants communicate with their landlords about issues that can lead to eviction. It is a collaborative project from the University of Arizona James E. Rogers College of Law, BYU Law, and SixFifty, a subsidiary of the law firm Wilson Sonsini.

Arizona Tenants' Rights and Responsibilities Handbook
This 2016 guidebook from the Volunteer Lawyers Program of Community Legal Services provides information on each step of the rental relationship including moving in, responsibilities, rights, resolving problems, taking legal action, ending the lease, evictions, and moving out early.

Phoenix Landlord and Tenant Program
Provides educational services and information to landlords and tenants on their rights under the Arizona Residential Landlord and Tenant Act. 

Tenants Rights, Laws and Protections: Arizona
The U.S. Department of Housing and Urban Development provides links to information on Arizona tenant laws.

Housing Topics
Arizona Law Help offers information on housing topics including eviction, landlord and tenant rights and responsibilities, and landlord and tenant issues specific to mobile home parks.

Arizona Probate Law

This content is presented to assist individuals seeking information about probate law in Arizona. The guide includes information on Arizona statutes and court rules that pertain to probate proceedings as well as secondary sources that provide explanations of various probate law topics.

Statutes
Arizona probate law is located in Title 14 of the Arizona Revised Statues, which covers trusts, estates, and protective proceedings.
Select chapters are listed below. 

Title 14, Chapter 1 covers general provisions including definitions, scope, and jurisdiction.
Title 14, Chapter 2 covers intestate succession and wills.
Title 14, Chapter 3 covers probate proceedings. 
Title 14, Chapter 6 covers nonprobate transfers. 

Free access to the Arizona Revised Statutes is available on the Arizona State Legislature's website.
Subscription-based access to the Arizona Revised Statutes is available on Lexis (Lexis password required) and Westlaw (Westlaw password required).
The Arizona Revised Statutes are also available in print in the Ross-Blakley Law Library.

Arizona Probate Code Practice Manual (Arizona State Bar, 2022)
Chapter 7 of this Manual provides information about probate proceedings in Arizona, including the difference between informal and formal proceedings, the powers and duties of personal representatives, creditors' claims, and the handling of small estates. Intestate succession is covered in chapter 4, wills are covered in chapter 5, and nonprobate transfers are covered in chapter 9. Volume 2 of this Manual provides a multitude of forms pertinent to probate and estate administration. This title is also available on Lexis (Lexis password required).

Arizona Practice Series:  Estate Planning and Probate Handbook (Darren T. Case et al., 2023)
Chapter 4 of this Handbook covers probate proceedings in Arizona, and a compilation of forms is provided at the end of this chapter. Intestate succession and wills are covered in chapter 3, and nonprobate transfers are covered in chapter 7. This title is also available on Westlaw  (Westlaw password required).

Cohen's Handbook of Federal Indian Law, § 16.05 Inheritance, Wills, and Probate (Nell Jessup Newton et al. eds., current)
This section of Cohen's Handbook provides an overview of when tribal, state, and federal law is applicable in the probate process for tribal members. This title is also available on Lexis (Lexis password required). 

Maricopa County Superior Court - Probate and Mental Health Department
Available on the Maricopa County Superior Court's website is a compilation of probate court forms. The Formal and Informal Probate webpage includes a brief video, available in English and Spanish, on the difference between the informal and formal probate process.

Arizona Judicial Branch - Probate Law
The Arizona Judicial Branch's probate webpage links to probate forms

Arizona Traffic & DUI Law

This content is presented to assist individuals seeking information on DUI and traffic law in Arizona. The guide contains information from the state and local governments and provides citations to both print and electronic resources. 

Statutes
The Arizona Revised Statutes (A.R.S.) is the official statutory code of the State of Arizona. It comprises all laws and statutes of a general, public, and permanent nature. Information on accessing Arizona statutory publications is available on the Arizona Legislature page of the Law Library's Arizona Law research guide. Traffic and DUI laws can be found in Title 28 - Transportation.

Free Resources

  • The current version of the A.R.S. in print is available in the Law Library.
  • The Arizona State Legislature maintains an unannotated version on its website.

Subscription Resources

Cases
Information on accessing Arizona cases is available on the Arizona Courts page of the Law Library's Arizona Law research guide.

Books
Representing Yourself:  Appealing a Civil Traffic Case to the Superior Court (Arizona Supreme Court, 2008)
This guide provides information on how to appeal a civil traffic case from a Justice Court or Municipal Court to the Superior Court.

Representing Yourself:  Appealing a Criminal Case to the Superior Court (Arizona Supreme Court, 2008)
This guide provides information on how to appeal a criminal case (including criminal traffic cases) from a Justice Court or Municipal Court to the Superior Court.

Arizona Criminal and Traffic Law Manual (Michie Company, 1992-present)
This resources provides information on Arizona motor vehicle law, juvenile law, and criminal law and procedure. It also lists relevant Arizona statutes and provides updates on Arizona legislation.

Arizona DUI:  A Manual for Police, Lawyers, and Judges (Jefferson Lankford, 2000-present)
This resource is written for legal practitioners and police officers who work with DUI offenders. It addresses aspects of DUI arrests, including DUI checkpoints, searches, breath testing, blood and bodily fluid tests, as well as DUI proceedings, including pretrial rights, charging the offense, sentencing, and the administrative license process in Arizona.

Arizona Motor Vehicle Accident Deskbook (State Bar of Arizona, 2016)
This volume published by the Arizona Bar Association is a practical guide to a number of areas likely to be encountered in the preparation of a motor vehicle accident case in Arizona.

Arizona DUI Trial Notebook (Bruce H. Chalk & Christina Cabanillas, 2012)
This volume addresses all aspects of a DUI case, including issues related to the traffic stop, the right to counsel, the elements of trial, and post-trial proceedings in Arizona.

Arizona Department of Public Safety:  Impaired Driving
The Department of Public Safety's Impaired Driving website provides information on Arizona DUI laws, interventions for repeat-offenders, and the societal cost of impaired driving. The website also links to DUI-related statistics.

Arizona Department of Transportation:  Driving Under the Influence
The Department of Transportation's Driving Under the Influence website provides penalties for DUI, including the process of driver license suspension and revocation as well as driver services like traffic school and points assessment. The website also links to the Arizona Motor Vehicle Crash Facts reports. These reports collect statistics about crashes, including highlights and historical trends, geographic location, crash descriptions, safety devices, motor vehicle and driver descriptions, alcohol related crashes, and pedestrian, bicycle, and motorcycle crashes.

Arizona Governor's Office of Highway Safety
The Arizona Governor's Office of Highway Safety website links to information about legislative summaries, statistics, and DUI laws. The website also provides information on the Children Are Priceless Passengers highway safety program. CAPP is designed to increase the awareness and usage of child safety seats.

Service Arizona
Service Arizona is a Department of Transportation website that provides online information to motorists, including vehicle registration, driver license services, and vehicle inspection.

City of Avondale Civil Traffic
Includes information on pleas and appeals in Avondale.

City of Chandler Civil Traffic Charges
Includes instructions on resolving complaints in Chandler.

City of Fountain Hills Civil Traffic
Includes instructions on resolving citations in Fountain Hills.

City of Gilbert Civil Traffic Case
Includes information on pleas, procedure, fines, and appeals in Gilbert.

City of Glendale Traffic Ticket Information
Includes links to information about defensive driving, fines, hearings, and appearances in Glendale.

City of Mesa Civil Traffic Violations
Includes instructions on resolving violations in Mesa.

City of Phoenix Minor Criminal and Civil Traffic Violations
Includes instructions on resolving violations in Phoenix.

City of Scottsdale Civil Traffic Cases
Includes instructions on resolving citations in Scottsdale.

City of Tempe Civil and Traffic
Includes information on defensive driving, pleas, and appeals in Tempe.

Justice Courts of Coconino County
Includes information for both civil and criminal traffic citations in the cities of Flagstaff, Fredonia, Page, and Williams.

Justice Courts of Maricopa County
Includes information for both civil and criminal traffic violations, as well as a link to court locations, in Maricopa County.